§ 28-36-12 - Notice of issuance, cancellation, or failure to renew policies.
SECTION 28-36-12
§ 28-36-12 Notice of issuance,cancellation, or failure to renew policies. – (a) Every insurance company having written a policy insuring against liabilityfor personal injuries to employees shall notify the director of the issuance ofthe policy within five (5) days of the effective date of this policy in amanner determined by the director. Upon the cancellation of the policy orfailure to renew it, every insurance company having written the policy shallimmediately notify the director of the cancellation or failure to renew. Thedirector shall have discretion to assess an administrative penalty of not morethan two hundred fifty dollars ($250) per offense against any insurance companythat fails to notify the director as required in this section. The director, inhis or her discretion, may bring a civil action to collect all assessed civilpenalties. The workers' compensation court shall have jurisdiction to enforcecompliance with any order of the director made pursuant to this section.Additionally, any insurance company that willfully fails to notify the directoras required in this section shall be subject to prosecution for a misdemeanorand upon conviction may be punished by a fine of not more than two hundredfifty dollars ($250) for each offense. All criminal actions for any violationof this section shall be prosecuted by the attorney general at the request ofthe director.
(b) Cancellation of the policy or non-renewal shall not bedeemed effective until written notice of the cancellation or non-renewal isreceived by the director.
(c) All penalties and fines collected pursuant to thissection shall be deposited in the general fund.